The EEOC filed suit against Burlington Northern Santa Fe
Railroad, which had required genetic testing of employees
who file worker’s compensation claims for carpal tunnel
syndrome. The EEOC claims the policy violates the
Americans with Disabilities Act since the exam is not
job-related, or “consistent with business
necessity”

The lawsuit also said the employees were not asked to
consent to the tests and at least one worker who refused to
provide a blood sample was threatened with losing his job,
an assertion denied by the company.

Injury Prone?

The railroad was testing employee blood samples for
Chromosome 17 deletion, which some studies suggest could
predispose a person for some forms of carpal tunnel
syndrome. The test might show that the injury was not
work-related.

The company began the testing program last year on the
advice of its medical department. To date only 20
people have been tested, according to the Associated Press
citing a company spokesman.

The Occupational Safety and Health Administration (OSHA)
says that each year 1.8 million workers have
musculoskeletal injuries related to working conditions,
while 600,000 people miss work because of them.